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To the fullest extent permitted by law, any person who, as a result of his or her negligent, intentional, or wilful wrongful act, causes any damage to any user of the water system shall indemnify, hold harmless, and defend the town with respect to such damage; except to the extent such damage results from the negligent, intentional, or wilful wrongful act of the town, its officers, employees, or agents. "Damage" means each and every injury, wound, wrong, hurt, harm, fee, damage, cost, outlay, expenditure, or loss of any and every nature, including, but not limited to: a) injury or damage to any property or right; b) injury, damage, or death to any person or entity; c) attorney fees, witness fees, expert witness fees, and expenses; and d) all other costs and expenses of litigation. This indemnity provision is to be interpreted to require a person to indemnify, hold harmless, and defend the town only to the extent of the proportionate share of negligence or fault attributable to such person. (Ord. 34, Series 2012)